| Albis v Town of East Fishkill |
| Motion No: 2011-09825 |
| Slip Opinion No: 2012 NY Slip Op 73613(U) |
| Decided on May 18, 2012 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M137841
E/sl
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2011-09825 Peter Albis, appellant, v Town of East Fishkill, et al., respondents. (Index No. 2503/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this Court dated April 4, 2012, which dismissed an appeal from an order of the Supreme Court, Dutchess County, dated September 1, 2011, on the ground that the order is not appealable as of right (see CPLR 5701), and leave to appeal had not been granted, for leave to appeal to this Court from the order dated September 1, 2011, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RIVERA, J.P., HALL, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court